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The making of criminal law ::the role of case law in the 19th and 20th centuries /
No full textThe separation of powers produced by the Enlightenment period reinforced the myth of the "perfection of the law", with criminal law being dependent on the principle of legality. Demonstrating that this principle has not fundamentally altered judges' methods of interpretation and decision-making, this collective volume explores the role of case law in the making of modern criminal law from the late 19th century to the end of the 20th century. It enables us to gauge the influence of case law developed and to assess the extent to which it contributed to major criminal law decisions and the emergence of model criminal codes.The book takes a comparative view across various European and American jurisdictions and offers an overview of European civil law traditions along with comparisons from the Americas. The focus is on Western legal historiography, which has hitherto been notably under-researched. The chronological point of departure is marked by the creation of the Supreme Court and the cassation in each jurisdiction. Each chapter contains a short introduction to the role of jurisprudence in the making of criminal law from the 19th century onwards in that jurisdiction, followed by an exploration of the contribution of the legal doctrine of the Supreme Court in the making or development of a particular criminal offence or institution.The book will be of interest to scholars and historians working or teaching in the areas of legal history, comparative legal history, criminal law and comparative law. It will also be of use to scholars interested in the study of law in different socio-cultural contexts
PREPARING TO MOOT ::a step-by-step guide to mooting.
No full textThe ideal guide for the first-time mooter, Preparing to Moot provides an accessible, student-led and pragmatic approach which demystifies the process. Now in its second edition, this book focuses on analysis, research and argument construction as the foundations for successful advocacy, and provides students with a working guide to use alongside moot problems. Through careful use of annotated examples generated by real students, and expert tips and advice from the authors, the book shows students how to individually analyse, research and construct arguments for various advocate positions. It provides a practical and easy-to-follow overview of how to tackle a moot from analysing a problem initially, right up to beginning to advocate. This second edition features five new problem questions and includes a new chapter on moot problems involving international law. Mooting is an increasingly important activity in UK law schools, offering students the opportunity to develop advanced analytical, research, drafting and advocacy based skills, which help to improve their general academic achievement and employability profiles in a progressively competitive job market. With the aim of showing that there is no single right way to prepare for a moot, this book will be invaluable for anyone studying mooting at university
Legal and Political Foundations of Capitalism ::The End of Laissez Faire? /
No full text"Institutions matter" is a common refrain among all economists-including many who have proposed progressive alternatives to free market fundamentalism. However, this sentiment does not go far enough.This book draws principally on the Original Institutional Economics and American Legal Realist traditions to propose a theory of legal institutionalism or institutional political economy. By arguing that society is a political community it challenges the private law versus public law or state versus markets distinction. Focusing on property, money and credit, constitutional law, and corporations this book argues that laissez-faire has never existed and that "state intervention versus de-regulation" and "market failures versus free markets" are false dichotomies. This book proposes the need to engage with legal-economic theory and history to understand what institutions are, what economic regulation means, law's intrinsic connection to the economy, and the distribution of power relations within capitalism.This book will be of interest to readers of economics, law, public policy, international and development studies, and all those seeking to explore progressive alternatives in this period of multiple crises
INTERSECTIONAL ANALYSIS OF CLIMATE CHANGE AND ATROCITY CRIMES ::life on earth is in crisis.
No full textExamining the relationship between anthropogenic climate change and atrocity crimes, this book analyses how gender, race, and species hierarchies shape experiences of and responses to the climate emergency.Investigating the nexus between human-induced climate change and atrocity crimes, this book champions a paradigm shift from human-centered approaches toward multi-species justice to mitigate the ramifications of this existential crisis. Readers will acquire a nuanced understanding of how prevailing climate crisis strategies are deficient: they marginalize the experiences of men and boys, prioritize Global North interests over the lives of those in the Global South and elevate human rights above those of other living beings. The research presents groundbreaking solutions through historical and contemporary case studies, a comprehensive assessment of environmental insecurity factors, and two innovative revisions to the definition of ecocide. Additionally, it proposes viable alternatives to capitalism, including a transition from economic globalization to global economic equity through ecological debt reparations, offering a comprehensive framework for achieving multi-species climate justice and establishing environmental destruction as an international crime.An Intersectional Analysis of Climate Change and Atrocity Crimes will be of great value to students and scholars in Green Criminology, War Studies, Security Studies, Law, History, Geography, Anthropology and Cultural Studies. It also serves as a valuable resource for policy architects, Responsibility to Protect professionals, humanitarian organizations, human rights advocates, security specialists and sustainability experts
CORPORATE ENVIRONMENTAL RESPONSIBILITY AND POLLUTION CONTROL LAWS ::the case of oil spills... in the niger delta.
No full textThis book critically examines the corporate environmental responsibility of major oil companies operating in Nigeria's Niger Delta, focusing on oil spills and comparing regulatory frameworks in Nigeria, the US, the UK, and the EU. It provides a theoretical foundation for holding these companies to the same environmental standards in Nigeria as they adhere to in more advanced jurisdictions.Analysing Shell's oil spill environmental performance data, the book assesses how its operations in Nigeria compare with global performance figures. Additionally, it evaluates Nigerian environmental laws, highlighting deficiencies that may contribute to persistent oil pollution. Furthermore, it explores issues of regulatory capture, corporate environmental crime, and the transnational litigation of Nigerian oil spill cases in the US, the UK, and the EU. The Petroleum Industry Act (PIA) 2021 is comprehensively assessed in the context of corporate environmental governance and oil pollution control.To propose solutions, the book examines legal frameworks for strengthening corporate due diligence and accountability. It advocates for a robust legal regime to address the clean-up liability of pre-existing (stale) oil spills in the Niger Delta, drawing insights from the UK/EU laws on contaminated land, the US Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or the Superfund), and the UK laws on oil infrastructure decommissioning. Additionally, the book introduces a novel failure to prevent oil spill offence in Nigeria, an omission-based liability inspired by the UK Bribery Act 2010 and the UK Criminal Finances Act 2017.This book will be of interest to researchers and practitioners in the field of environmental law, pollution, and land law
FROM SOCRATES TO THE SUPREME COURT ::an introduction to philosophy through the law.
No full textPhilosophy and law are separate disciplines, but they deal with many of the same issues-from the meaning of equality and liberty, the nature of knowledge, reasoning, and mental states, to the indeterminacy of language, causation, free will, luck, and personal identity. This textbook introduces philosophy to undergraduates in a new and refreshing way-by using cases, concepts, and doctrines from the law to illustrate philosophical issues. From Socrates to the Supreme Court: An Introduction to Philosophy through the Law introduces the major areas in the discipline-moral and political philosophy, epistemology, metaphysics, philosophy of mind and language-and philosophy's great thinkers, from Plato, Aristotle, Hume, and Kant to Russell, Wittgenstein, Austin, and Anscombe. It shows how ideas in philosophy are not academic but play out in Supreme Court rulings and other court cases. Through example after example-the concept of mens rea in criminal law, the rules governing the admissibility of evidence in court, statutory interpretation, free speech, perjury, the analogical nature of legal reasoning, the use of the Socratic method in deciding cases, and the laws against discrimination-this book deepens the student's understanding of philosophy by driving home the fact that philosophical questions matter in the real world
EU ENVIRONMENTAL GOVERNANCE ::current and future challenges.
No full textThis book presents an overview of the field of environmental law and policies within the European Union (EU) and externally, from theoretical foundations to major issues and applied governance solutions.Drawing on expertise from renowned academics and practitioners from different disciplines, EU Environmental Governance: Current and Future Challenges helps readers to understand the main legal, political and economic issues of environmental protection since the adoption of the European Green Deal in 2019. This new edition presents both current insights and future challenges as they seem to be emerging in the new geopolitical era in the EU after major events such as the COVID19 pandemic and the Russian invasion in Ukraine. The authors examine a broad range of sensitive and topical environmental challenges including climate change, air and environmental pollution, waste management, biodiversity protection, environmental and human health, marine biodiversity, renewable energy, nuclear energy and sustainable Arctic governance. Overall, this volume exposes the reader to a vast array of empirical case studies, which will bolster their training and help tackle the environmental challenges faced by Europe today.This book is a valuable resource for students, researchers and policymakers across a broad range of fields, including environmental law and policies, environmental economics, climate science and environmental sociology
Mastering cybersecurity ::a practical guide for professionals /
No full text"In today's ever-evolving digital landscape, cybersecurity professionals are in high demand. These books equip you with the knowledge and tools to become a master cyber defender. The handbooks take you through the journey of ten essential aspects of practical learning and mastering cybersecurity aspects in the form of two volumes. Volume 1: The first volume starts with the fundamentals and hands-on of performing log analysis on Windows and Linux systems. You will then build your own virtual environment to hone your penetration testing skills. But defense isn't just about identifying weaknesses; it's about building secure applications from the ground up. The book teaches you how to leverage Docker and other technologies for application deployments and Appsec management. Next, we delve into information gathering of targets as well as vulnerability scanning of vulnerable OS and Apps running on DVWA, Metasploitable2, Kioptrix and others. You'll also learn live hunting for vulnerable devices and systems on the Internet. Volume 2: The journey continues with volume two for mastering advanced techniques for network traffic analysis using Wireshark and other network sniffers. Then, we unlock the power of Open-Source Intelligence (OSINT) to gather valuable intel from publicly available sources, including social media, web, images, and others. From there, explore the unique challenges of securing the Internet of Things (IoT) and conquer the art of reconnaissance, the crucial first stage of ethical hacking. Finally, we explore the dark web - a hidden corner of the internet - and learn safe exploration tactics to glean valuable intelligence. The book concludes by teaching you how to exploit vulnerabilities ethically during penetration testing and write pen test reports that provide actionable insights for remediation. The two volumes will empower you to become a well-rounded cybersecurity professional, prepared to defend against today's ever-increasing threats"-
American law ::an introduction /
No full textAn accessible introduction to the American legal system and is a vital resource to anyone interested in understanding how this social system works. Its focus is on law in practice, the role of the law in American society, and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights
